A federal judge has dismissed lawyer Hector E. Pineiro's complaint that Police Chief Gary J. Gemme and the city violated his constitutional rights when the chief denied the lawyer an unrestricted gun license.

The decision by the judge was filed on Tuesday and applied to Mr. Pineiro's contention that his rights were violated during a period of time when his license was restricted to sport and target shooting. Mr. Pineiro had sought a license with no restrictions to allow him to carry a concealed firearm for self defense.

Mr. Pineiro, known for his legal actions taken against the city, applied for a firearms license in August 2010. He was looking for protection from the “menacing” Main South and “drug dealers, pimps, and prostitutes” near his Main Street office, according to Mr. Pineiro's complaint filed in U.S. District Court in Worcester.

The Class A license granted by the chief restricted use to sport and target shooting.

Citing a January 2010 incident when two gun-wielding men entered his home and attacked his son, Mr. Pineiro stated in court filings that he was concerned for his safety. He filed the federal complaint against the chief in December 2010 claiming the chief violated his right to bear arms and to equal protection under the Second and Fourteenth Amendments.

Chief Gemme had adopted a policy in 2006 that all new applicants for gun licenses receive restricted licenses, a policy later rescinded while Mr. Pineiro's complaint was in court.

Mr. Pineiro said Tuesday that he believes that 2006 policy would have still been in place if he had not filed his civil complaint.

On March 17, 2011, Chief Gemme suspended Mr. Pineiro's gun license after a motor vehicle registered to Mr. Pineiro was involved in a shootout a few days earlier and on March 16, 2011, Mr. Pineiro's son was pulled over in the city and allegedly had drugs and a gun inside the vehicle.

Then in May 2011 the chief removed the restriction on Mr. Pineiro's gun license and on Sept. 16, 2011, the suspension was lifted, allowing Mr. Pineiro a license to carry without restriction. In February 2012 both sides filed a stipulation of partial dismissal of the complaint.

What remained in the civil complaint was Mr. Pineiro's contention that Chief Gemme's initial refusal to grant him an unrestricted license to carry violated his rights, U.S. District Judge F. Dennis Saylor IV wrote. However, the judge dismissed those claims by Mr. Pineiro, who was seeking monetary damages.

Mr. Pineiro said Tuesday that while he had the utmost respect for Judge Saylor and his “sharp legal mind,” he felt the judge had avoided the difficult topic of citizens' rights to defend themselves outside their home. He said Judge Saylor instead focused on the narrower question of whether his rights may have been violated while the chief's policy was in flux.

He said he was never able to advance his argument about differential treatment, saying that those in law enforcement receive favorable treatment when applying for a gun license.

Chief Gemme said the judge's dismissal found that his decision on the initial restriction on the license was not arbitrary and capricious as applied to Mr. Pineiro, nor was it an abuse of his authority. The chief said he found the most important aspect of the judge's 22-page ruling to be that local chiefs — the licensing authorities — can make decisions on gun licenses in the best interest of keeping communities safe as long as the decisions are not arbitrary and capricious.

Chief Gemme said the 2006 policy was changed several times since March 2011, with the most recent coming in February. The Police Department along with the city's Law Department continually reviews state laws and civil actions in policy considerations.

All gun license applications are now taken on a case-by-case basis with all relevant information reviewed. Chief Gemme said the 2006 policy was arbitrary and capricious because it had a restriction built in.

Mr. Pineiro said he is pondering whether to take his case to a federal appeals court.

CDL A DELIVERY DRIVERS Home Every Night! Needed for our Worcester Depot! Drive local - No more spending valuable nights away from your family! As a Direct Store Delivery Representative YOU have the opportunity to make a difference with our customers! Provide excellent customer service; interact in a positive manner with our customers; deliver our products to local stores. Be home every night! Work for a Company that has been around for over 80 years! Minimum of 3 months driving experience with CDL A/B; GED or HS diploma required; Must be able to drive a standard transmission. EEO/Veteran/Disability Growing Strong Since1933!